Railway Committee of Privy Council.

Metropolitan Ry. Co. & C.P.R.—On Jan. 9, for the first time in the history of Canada, the Privy Council heard an appeal from a finding of the Railway Committee of the Privy Council in the case of the proposed connection between the Metropolitan Ry. & the C.P.R. at North Toronto.

H. L. Drayton, for the City of Toronto, stated that by reason of agreements between the city, the county of York, & the M. Ry Co., the latter was empowered to use the section of Yonge St. affected. The franchise of the county line provided for the construction of the line under limitations, & the city now stood in the same relation to the Co. as the county formerly stood. An act was passed by the Ontario Legislature changing the Co. the Metropolitan Ry. Co. The Co. had the right to extend its line north, but under the restrictions mentioned. The first section of the act provided that the Co. should a street railway purely.

B. B. Osler offered to shorten the argument by putting in a factum if the other side would do the same. The suggestion was accepted. Proceeding with his argument, he asked whether the Railway Committee intended to interfere with Provincial legislation. Even if the Railway Committee had jurisdiction, should they exercise it? The Metropolitan Ry. now asked for 50 ft. more of the highway. The Order in Council recited the consent of the City Council, although the Council had formally repudiated the consent before the Order in Council was taken out. The order had been made under the new section, 173 of 56 Vic., providing against the crossing or joining of railways without the consent of the Railway Committee of the Privy Council. The difference that was made out was that between Provincial and municipal railways. The intention seemed to be to take up Yonge St. for 30 miles by a branch of the C.P.R. Those owning frontages there had protected, & would doubtless continue to so protest. He contended that the Railway Committee had not the power to unit a municipal & a Dominion railway, & expressed the belief that the consent of the city was necessary to the carrying out of any junction.

W. Barwick, for the Metropolitan Ry., explained the route of the roads, & stated that the municipalities along the road had all sent representatives asking permission that the C.P.R. & Metropolitan be allowed to carry out the junction. The plan of the road when first built in 1884 had been accepted by the County Council. The City had certainly given its consent, which it now sought to rescind. All the freight business was now done on the street, whereas if the connection were made the C.P.R. property would be used. The Metropolitan was ready to make any fair arrangement, & the Railway Committee's order was eminently fair. If was unfair to say that the Metropolitan sought to become a Dominion railway. The Co. sought to get the Toronto market, & desired to connect with the C.P.R. solely on that account. The Hamilton, Grimsby & Beamsville & the radial railway connected with the steam lines. The Toronto Ry. successfully fought the Metropolitan's project to have a connection made. The Market Committee of Toronto had consented to have trolley trains brought around the city by steam locomotives. The City Council committee, however, had laid down terms which the Metropolitan had not accepted. The City demands included a single fare to the cemetery. The alderman had also asked that all freight carried by the Metropolitan should be unloaded in the City. The City Council had sent a deputation to lay the City's case before the Railway Committee with general instructions. Mr. Fullerton, for the city, certainly signed the consent to the order. Afterwards the City passed a by-law repudiating the action of its own counsel. The whole trouble was over the 1,200 ft. of Yonge St. in the City , over which the Metropolitan trolleys run. The rights which the Metropolitan formerly had it still possessed. In 1896 the Co. was empowered to extend the line Lake Simcoe, on condition that it should carry freight. The understanding between the Ontario Government & the Co. was satisfactory to both parties. The City sought to throttle the York farmers, & to compel them to pay large market fees. It was nonsense to talk of making Yonge St. a branch of the C.P.R., as the steam locomotives could not pull loads of freight up the heavy grades. The City & Co. certainly made an agreement in 1891, whereby on 24 hours' notice the Co. promised to given up electricity & to return to horse motive power. This covenant could not be enforced, as he had pointed out in Nov. last.

Warden Woodcock, of York, assured the Cabinet that the county was with the Metropolitan in its desire to go into the City. No injury could be done the City by the Government giving the permission. County Councillor Lundy, of East Gwillimbury, endorsed Warden Woodcock's views, & pointed out that the dairying industry would be greatly benefited by the connection. Councillor Evans thought the whole question had resolved itself into a fight between the City & the Metropolitan. There was no fear of destroying Yonge St. Mr Yule, of Aurora, said that the people of that village had benefited largely by the Metropolitan.

G. M. Clarke, for the C.P.R., did not think with Mr. Osler that the Railway Committee had not the power to rule as had been done. The Government had every power so to rule. There was no doubt as to the prerogatives of the Dominion Parliament.

Judgment was reserved.

Railways: C.P.Ry., Met.Ry.

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